ARTICLE
12 December 2025

Holiday Travel Alert 2025: What HR And Foreign National Employees Must Know Before Leaving The U.S.

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Marks Gray

Contributor

With solid roots in Jacksonville, Marks Gray is one of Northeast Florida’s leading business law firms. Our team of client-focused attorneys endeavor to work with clients during every step of the process to not only meet, but exceed expectations. We are committed to excellence by handling each matter with unparalleled customer service, efficiency, and professionalism. Our clients, community leaders, and legal peers value us because they trust in our ability to serve a diverse set of clients with a unique set of business needs. Marks Gray is able to add value to a client’s business by serving as a key partner while helping them navigate the myriad opportunities and varied challenges inherent in today’s ever changing business landscape.

The holiday season brings well-deserved rest and reunions—and we continue to receive many questions about travelling abroad because international travel, under the current immigration environment...
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Your updated, no-surprises guide to consulates, visa risks, CBP inspections, and reentry challenges.

The holiday season brings well-deserved rest and reunions—and we continue to receive many questions about travelling abroad because international travel, under the current immigration environment, also brings real immigration risks.

Even routine trips can lead to delays, unexpected administrative processing, or reentry complications, especially for those in H-1B, L-1, O-1, E-3, TN, F-1, and Advance Parole.

With increased scrutiny at consulates and ports of entry, proactive planning and travelling abroad only if necessary can prevent stress, delays, and work interruptions.

What to Expect This Season

Even though the proposed $100,000 H-1B fee does not affect current visa holders, holiday travel in 2025–26 comes with new challenges:

  • Staffing shortages and variable consulate schedules
  • Increased security screening, including social media review
  • Higher risk of administrative processing (221(g))
  • Extra scrutiny for foreign nationals in high-tech or security-related roles
  • Longer lines and potential device searches at ports of entry

And critically:

A valid visa is never a guarantee of reentry.

Final admission is always decided by CBP at the port of entry.

Top Six Tips for a Smooth Return

1. Check Your Passport & Visa Validity

  • Your passport must be valid for at least 6 months beyond your U.S. return date.
  • Your visa must be valid for reentry—confirm: Expiration date and Number of allowed entries
  • Start Early if You Need Visa Stamping

2. Planning matters because:

  • Consular interviews are required (no dropbox options)
  • Appointments may take weeks or months
  • Administrative processing can delay issuance indefinitely
  • Applications must be made in the country of residence or nationality

If there is no urgent reason to travel, postponing may be the safest path.

3. Avoid Traveling with Pending USCIS Petitions

Travel can cause petitions to be considered abandoned.

Avoid travel if you have:

  • A change of status petition pending (F-1 → H-1B, L-1 → H-1B, etc.)
  • An H-1B amendment or extension pending
  • A pending I-539 or I-485

If you leave after Change of Status approval, you must apply for a visa stamp to reenter.

4. Travel Prepared — Carry the Right Documents

Carry originals (and copies):

  • Passport + valid visa
  • I-797 approval notices (copies are fine)
  • I-129S (for L-1 blanket holders)
  • Form I-20 and EAD
  • Recent paystubs
  • Supporting evidence if you've had prior arrests or prior administrative processing

5. Be Prepared for CBP Device Inspections

CBP may inspect electronic devices of noncitizens.

Important reminders:

  • Travelers cannot refuse inspection
  • Cloud-stored data should be signed out or secured
  • Document officer names, badge numbers, and questions asked

6. Verify Your I-94 After Reentry — Don't Skip This Step

Go to i94.cbp.dhs.gov after arrival.

Confirm: Correct visa classification, Correct expiration date and Correct employer (for certain statuses)

CBP may accidentally:

  • Shorten (truncate) your I-94 to match passport expiration
  • Assign the wrong category

If incorrect, request correction immediately from CBP.

Additional Risks & Considerations

Administrative Processing (221(g))

You may face delays if:

  • Your name matches a security list
  • You work in a high-tech or sensitive field or there are policy changes
  • You previously had administrative processing
  • The consulate officer requests additional documentation

Online & Social Media Screening

Consulates may review: Public posts, Employment details, Affiliations or comments that raise flags

Employees should review content with a compliance lens.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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